S.S. Sudhalkar, J. - (1.) THIS writ petition is filed by the workman partly challenging the award dated 5.8.1983, Annexure P/1 qua back wages which have been denied to him. The petitioner was reinstated with continuity of service and 50% back wages only. He is claiming the remaining 50% by this writ petition. I have heard learned counsel for the parties.
(2.) THE case of the petitioner is that he should have been given full back wages while the case of the respondent No. 3, as put forth by learned counsel for the respondent is as under : - (i) The petitioner accepted the award and, therefore, he cannot challenged it qua remaining back wages. (ii) The writ petition has been filed after 11 months of the award. (iii) The petitioner was on probation and his work and conduct was not found to be satisfactory. (iv) The petitioner has not stated that he was gainfully employed. So far as the first three points are concerned, I do not agree with the submission of learned counsel for respondent No. 3. The petitioner had every right to challenge the award qua back wages, denied to him. His joining service cannot be said to be an act of acquiescence. Moreover, the reasons for dismissal are not material at this stage.
(3.) REGARDING the last point, it may be said that the normal rule is to grant full back wages except to the extent that the workman was gainfully employed during the enforced idleness. This is normal rule and the party objecting to it must establish the circumstances necessitating departure. Interestingly, the petitioner in this petition has not stated that he was not gainfully employed. There was no reason shown as to why he has not so stated. When this is the position, it will not be possible for this Court to stretch by way of inference and to hold that he was not gainfully employed. The petitioner had all the opportunity to state one line in the petition that he was not gainfully employed. However, has not chosen to do the same. That means he does not want to make such statement on oath. The inference goes against the petitioner. In view of the above position, this writ petition is dismissed.;